JUDGMENT

This Civil Miscellaneous Appeal is filed by the husband being aggrieved by the dismissal of his divorce petition filed under Section 10(1)(ix) of the Indian Divorce Act.

2. The brief facts of the case is that the appellant married the respondent on

13.09.2000 at Thisayanvilai as per Christian Customary practices. The matrimonial home was set up at the husband's house. Alleging that his wife was not inclined to share the matrimonial life and withdrawn his companionship and used to live separately, there was discard between them and she left the matrimonial home to stay along with her parents and attended her job. All the attempts for re-union failed and therefore, waiting for more than three years without any cohabitation, the petition for divorce has been filed. The said Petition was contested by the respondent claiming that at the time of marriage, the appellant [husband] was employed in Tharangathara Chemicals, Arumuganeri, as Contractor. The respondent was working as a Teacher in R.C. Management Primary School, Anthoniyarpuram, Thisaiyanvilai. Since the matrimonial home at Adaikalapuram is nearly 90 Kilometers away from her work place, she and the elders decided to settle